ANALYSIS | April 2026
Eliott Dear on the Claim Adjudication Timeline: From Service Date to First Payment Decision
By Eliott Dear, Esq.
The Service-to-Decision Clock
Every out-of-network medical claim runs on the same clock. From the date of service, the clock starts. Claim is submitted. Insurer receives. Insurer adjudicates. Insurer issues an Explanation of Benefits with a payment decision. The window from date-of-service to first payment decision is typically 30 to 90 days. Faster on clean claims. Slower on claims the insurer wants to delay.
Eliott Dear has been watching this clock for nearly two decades. The clock matters because state IDR submissions are time-bound. A New York state IDR submission must be filed within 90 days of the final payment determination. That means the provider has 90 days from the date the insurer finalizes the payment — which is not the same as 90 days from the date of service.
The Three Relevant Dates
Every non-par claim has three relevant dates. The date of service — when the physician actually provided the care. The date of first submission — when the claim was first billed to the insurer. And the date of final payment determination — when the insurer issued its last EOB on the claim with its final payment number.
The state IDR clock runs from the third date, not the first. A claim with a date of service on January 1 that was first submitted January 15, adjudicated February 20, appealed internally March 15, and received a final EOB on May 1 has a state IDR filing deadline of approximately July 30. The appeal period counts — it extends the clock, not shortens it.
Why This Timing Is Important
Physicians often assume that a claim is dead if they did not file a state IDR submission within 90 days of the service date. This is wrong. The 90-day clock starts from the final payment determination, and if the provider pursues an internal appeal with the insurer before going to state IDR, the clock restarts from the final appeal outcome. A claim with a service date a year ago can still be eligible for state IDR if the final determination came out recently.
Eliott Dear’s intake sort always starts with the three dates. The question is not how old the service was. The question is when the insurer issued its most recent definitive payment decision on the claim. If the answer is within 90 days, the claim is still a state IDR candidate regardless of when the underlying service was provided.
Why Insurers Manipulate the Clock
Insurers understand the clock just as well as providers do. A common tactic is to delay the final determination as long as possible — issuing provisional decisions, requesting more documentation, and extending the internal review process — in the hope that the provider will miss the window for state IDR filing. The delay tactic is one of the main reasons state IDR exists in the first place. Regulators saw the pattern and created the IDR path to force a final adjudication.
The defense against clock manipulation is a disciplined intake process. Every claim Claims Assassins takes in is date-stamped at all three relevant points, and the state IDR filing date is scheduled backward from the final-determination date so that the submission goes in with days to spare. The clock is the claim. Miss the clock and the claim is gone.
Send one claim. See what’s there.
edear@edrtb.com | 646-387-9133 | No contract. 10% of the improvement.
Get started →Eliott Dear, Esq. is the founder and CEO of Claims Assassins (EDRTB LLC). New York Bar #4329546, admitted June 28, 2005, continuously in good standing. Fordham Law School, Law Review. Formerly Clifford Chance LLP. Based in Hollywood, Florida.